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HomeMy WebLinkAbout11-07-1988 MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING NOVEMBER 7, 1988 EXECUTIVE SESSION: An Executive session was called at 7:30 p.m. to discuss pending litigation. It adjourned at 8:05 p.m. with no action taken. CALL TO ORDER: I Meeting called to order at 8:10 p.m. by Mayor Ed Hendler. ROLL CALL: By Deputy City Clerk. Councilmen present were: Michael Garrison, Beverly Green, Ed Hendler, Lee Kraft, E.A. Snider, Joe Jackson and Emerson Morgan. Also present were: Gary Crutchfield, City Manager; Greg Rubstello, City Attorney; David McDonald, Community Development Director; and, Dick Erickson, Parks/Recreation Director. CONSENT AGENDA: Mr. Kraft moved to approve Consent Agenda. Seconded by Mr. Snider. Motion carried. Consent items are as follows: a) Approval of Minutes. To approve minutes of regular meeting held October 17, 1988. b) Bills and Communications. 1. To approve General Claims in the amount of $322,248.79. ($16,124.57 being in the form of Wire Transfer Nos. 2045 and 2048); and $306,124.28 consisting of Claim Warrants numbered 59616 through 59790). I 2. To approve Payroll Claims in the amount of $299,784.84; Payroll Voucher Nos. 8925 through 9093; and 9094 through 9255. 3. To approve bad debt write-offs for utility billing, ambulance, and Municipal Code non-criminal accounts receivable in the total amount of $5,359.92 and, of that amount, authorize $4,789.45 be turned over for collection. c) Resolution No. 1854. A Resolution fixing the time and place for a public hearing to consider vacation of certain portions of street rights-of-way within the city for 8:00 p.m., Monday, December 5, 1988. d) Excess Wood. To authorize the City Manager to award the bid for excess firewood to the highest and most responsive bidder. e) Abatement Cost Recovery. To set 8:00 p.m., Monday, December 5, 1988, as the time and place to conduct a public hearing to consider the method of abatement cost recovery for the following properties: 26 West "A" Street 725 S. Hugo Avenue 817, 817-1/2 and 819 S. 5th Avenue 112 N. Owen Avenue 626 W. Clark Street I PROCLAMATIONS AND ACKNOWLEDGEMENTS: a) Mr. Crutchfield read and Mayor Hendler presented a Proclamation from the City to Councilmember Beverly Green, Chairman, Benton/Franklin County Centennial Committee, for the opening celebration of the Washington State Centennial, to commence Friday, November 11, 1988. Mayor Hendler told Mrs. Green he thought she had done an outstanding job. -1- MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 7, 1988 b) Mr. John W. Peters, Regional Director, Office of Community Planning and Development, U.S. Department of Housing and Urban Development, presented Mayor Hendler with a National Recognition Award for the Farmers Market. Mr. Peters said that the award was part of a national competition for community development projects of merit and excellence over the past six months. It went through a regional competition involving the four states in the northwest region; reviewed by a national panel of Blue Ribbon experts in Washington, D.C., and then selected for a Certificate of National Merit. It was one of only about 10 projects in our region to receive such recognition. Mayor Hendler accepted the award and acknowledged members of the PDDA in the audience, Doc Hastings, President; Linda Sue Williams, Executive Director; Jack Williams and other members not present who had done the work. He commended them for doing an outstanding job. He then presented the award to Linda Sue Williams of the PDDA so she could hang it in their office. VISITORS: None. PUBLIC HEARINGS: a) MAYOR HENDLER DECLARED THE PUBLIC HEARING OPEN FOR THE PURPOSE OF RECOVERING ABATEMENT COSTS FOR DEMOLITION AT 803 S. 3RD AVENUE (ROBERTS HOTEL). Mr. McDonald reported that the hearing had been duly publicized as required by law; the property had been posted; certified letters had been mailed. In May of this year the City, through use of the Uniform Housing Code, caused the property commonly known as the Roberts Hotel to be closed because of unsafe, unsanitary, hazardous conditions existing at the facility. The property owners were issued a Notice and Order to Repair or Demolish the structure within a certain time frame as specified in the code. The owners failed to take any corrective action and as a result the City was compelled to demolish the structure. As a result the City incurred a number of costs in the amount of $23,956.04. Mr McDonald reported that he had received a letter from Wayne P. and Mary E. Johnson and requested that it be read into the record as follows: "November 2, 1988 City of Pasco David I. McDonald, Community Director RE: ROBERTS HOTEL 803 South 3rd St, Pasco, Wash. Dear Mr. McDonald: We received your letter a copy of days ago regarding the demolition of the Roberts Hotel located at 803 South 3rd Street, Pasco, Washington. We did not know anything about the tearing down of the Roberts Hotel until October 31, 1988. We did not received [sic] any notification regarding repairs that -2- I I I MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 7, 1988 needed to be made at the Roberts Hotel. My husband and I, purchased the Roberts hotel on a Contract of Sale from Mr. Robert Auchampach on July 1, 82. We sold it two years later to Mr. Ralph Ramirez on a Contract of Sale whom now still holds title to the property. Mr. Ramirez only made payments on the note to us for seven months. We tried to foreclose on the property and was stalled by a bankrupcy [sic] from Mr. Ramirez. It has gone on and on in the Bankrupcy [sic] Courts. We had a note due Mr. Auchampach that was due in which Mr. Auchampach was able to get a personal judgement against my husband and myself which is in the amount of $31,000.00 which my husband and I are in the final stages of negotiation to pay off now. We have had no control over the property since Mr. Ramirez bought it. as it stands with Attorney fees, etc., we have lot $60,000.00. We would have been glad to come to Pasco to make repairs on the hotel to of saved a portion of our investment. We had Attorney, Gregory Dow, from Richland, Washington handling all the foreclosure and Bankruptcy proceedings for us. We feel since the property was under the control and legal ownership of Mr. Ralph Ramirez that you should look to him for any repayment. With the Bankrupcy [sic] laws being as they are they protected Mr. Ramirez and allowed him to run down the property. Sincerely, MRS. WAYNE P. JOHNSON MARY E. JOHNSON P. 0. BOX 165 ATASCADERO, CA. 93423 805-466-6341" Mr. Gregory Dow, an attorney in Richland, Washington addressed the Council. He said the letter summarized his client's position. He said that he had talked to Mary Johnson and she informed him that at no time had she received a certified letter, nor did she refuse a certified letter from the City. He said he was certain his clients would have called him if they had known the property was going to be demolished. He thought the Notice assessing payment from his clients was unfair. He said that when Mr. Auchampach sold the property to his clients it was in good condition and his clients kept it that way. The property did not deteriorate until Mr. Ramirez took possession and title to it. Mr. McDonald told the Council that they obtained the names of the legal owners from the County Courthouse and all correspondence was mailed to all owners by Certified Return Receipt Mail. The notices mailed to California came back. None of the places to check, i.e., non-received, refused, wrong address, were checked by the post office. As there was no response from the owners, another notice was sent out. This notice was also filed with the Courthouse (lien). This was also mailed out Certified Return Receipt. This also came back from California. Prior to tonight's meeting, again, Certified Return Receipt letters were mailed out and Mrs. Johnson received the correspondence this time because, she called for Mr. McDonald. He was not in his office at the time the call came in. He did return her -3- MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 7, 1988 call and she was not in. All correspondence was mailed to the same I address. All notices, etc. were according to code. Mr. McDonald said that he did talk with Mr. Ramirez the day before the contractor commenced the demolition, but he did not have any knowledge that Mr. Ramirez had filed bankruptcy. He was under the impression that it was pending, not filed. Staff had already let the bid for demolition, awarded the bid and it was too late to stop the demolition anyway. The City has received no formal notice of the bankruptcy. Mr. Ramirez addressed the Council and said that the building inspector had told him the ceiling was coming down and the floor was II sinking. He said this was not true and that this demolition had been an injustice to him. Mr. Ramirez' attorney is Art Clem. Following three (3) calls from Mayor Hendler for further comments from the floor, either for or against, the public hearing was declared closed. Motion by Mr. Kraft, seconded by Mr. Snider. MOTION: I move to declare abatement expenses for 803 S. Third Avenue, in the amount of $23,956.04, to be a personal obligation of the property owners and direct the City Attorney to collect same by use of all appropriate legal remedies. Motion passed with a unanimous vote. ********** b. MAYOR HENDLER DECLARED THE PUBLIC HEARING OPEN FOR THE PURPOSE OF CONSIDERING ADOPTION OF THE 1989 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Mr. Dave McDonald reported that the public hearing had been duly publicized as required by law. Each year in the fall the Community Development Block Grant Citizen's Advisory Committee holds public meetings and reviews the prior year's block grant expenditures, develops a proposed plan and statement for Council consideration and recommends the new block grant budgets. Subsequent to these proceedings the PDDA amended their proposal. The recommendation of the Committee to expend $18,000 for road improvements to Walters Field would be difficult to justify for block grant funds because of the city-wide nature in the use of the facility. Over the years the philosophy of the staff in keeping with the intent of the block grant program was not to support community services. The block grant Mr. Rubstello informed the Council that if a property owner refuses or otherwise does not receive notices that are properly mailed to them, it is at their own risk, the law presumes them responsible for the materials properly mailed out. The City can still proceed to collect (after Council action) from the contract purchaser and the contract seller. Any reimbusement as between them is not a matter of the City's concern. Our lawsuit would probably be against all concerned parties; they would then counter each other. The other option would be a lien against the property, but at this point in time, a lien would not be as fruitful. -4- MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 7, 1988 program was established for housing needs, sewer/water grants, park improvements, beautification, urban renewal. The social service agencies have an opportunity to participate in another block grant program that is federally sponsored. As it stands now, the block grant programs can allocate up to 15% of its budget to social services, but staff recommends against that. Mr. Crutchfield said that an additional request from the PDDA had been received at the request of staff for funds to establish a public authority. A specific amount had not been indicated but the funds would be used to capitalize a public development authority or other legal entity so that block grant funds could be used for significant downtown revitalization projects. Mr. Crutchfield said the primary reason for making the request this year instead of sometime in the future was because the PDDA initiated a planning study sponsored by the State, the City and the Association which will result in an action plan early in 1989 which would probably recommend a form of entity similar to a public development authority which would require funding. Mayor Hendler said that he endorsed such a program and felt a minimum of $50,000 would have to be set aside as seed money. He didn't feel that the development authority should be limited to downtown and thought it should be named the Pasco Development Authority. Mr. Snider said that other communities across the nation had formed public development authorities. It is a vehicle by which to provide funds from both the public and private sectors to accomplish things that neither could accomplish independent of the other. Other communities have used this type of organization to solve problems similar to the problems we have in Pasco, such as urban blight, core area blight, etc. He said he thought we did have some funds that could be used for that purpose. Mr. McDonald explained staff's no recommendations as follows: Benton-Franklin C.A.C. request for $7,084 because it was a social service agency; Senior Companion Program II request because it was a social service agency; $20,500 for Sylvester Park Improvements because they had already used block grant moneys in the past and maintenance items are not eligible for block grant funds; $16,000 for Volunteer Park Well funds as forwarded last year by the Parks and Recreation Department; Highland Park Improvements request for $4,400 because the well had already been drilled and the funds were to be used for surfacing the basketball court; Road Improvements to Walters Field, Riverview Park Option "A" for $18,000 because it is an ineligible request. Staff did recommend the request by the Pasco Downtown Development Association for $15,000; $20,000 request for Ambulance Fee Assistance; $140,000 for Neighborhood Street Improvements; $60,000 for Housing Rehab; $20,000 for the Revolving Abatement Fund; $5,000 Summer Employment; and, $40,000 Program Management. Doc Hastings, President of the PDDA addressed the Council regarding forming the public development authority. He stressed that he felt time was of the essence. Mayor Hendler in speaking for the Council endorsed this concept. Mr. Snider suggested that staff get together with Mr. Hastings and involve the public in forming this agency. He also agreed that time is of the essence. Mayor Hendler -5- MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 7, 1988 said after the agency is formed and a financial plan is developed, they should again approach the Council. Mr. Crutchfield said he was in the process of gathering information in this regard and hoped to have an enabling ordinance back to Council in a month or so. Becky Demky, Coordinator for the Senior Companion Program addressed the Council. She said they had 13 senior companions serving 112 citizens. The money they were seeking was for mileage reimbursement for the volunteers and for sponsoring 2 more senior companions. She said that the City's Senior Citizen facility did not have any similar service. This program was for persons who could not use the Dial-A-Ride services because they had to have constant supervision. Their illnesses and disabilities were either totally disabling or in advanced stages. Joe Balthazar from the Senior Center spoke on behalf of Ms. Demky. He said he had been involved with the community development block grant program since 1975. He didn't feel that it was a community block grant anymore, he thought it was a staff block grant. He said the requests are not coming in because the city is tying up the money for itself. He said the money should be working with people, not the LID street programs. Sharon Davis, Director of the Child Care Support Services, B.F.C.A.C. addressed the Council. She said the funds were for trying to pull together resources to get parents in touch with daycare services and vice versa (low income child care). Child care must be licensed by the State of Washington. There are no updated resource and referral programs at the present time. Following three (3) calls from Mayor Hendler for further comments from the floor, either for or against, the public hearing was declared closed. After several attempts by Council, a Motion was made by Mr. Garrison and seconded by Mr. Snider as follows: MOTION: I move to approve the 1989 Community Development Plan, Statement of Objectives and Use of Funds, as follows: Agency/Project 1. PDDA 2. Benton-Franklin C.A.C. 3. Senior Companion Program II 4. Ambulance Fee Assistance 7. Neighborhood Street Improvements 8. Housing Rehab 9. Revolving Abatement fund 10. Summer Employment 10. Program Management Amount $ 15,000 3,000 6,000 11,000 140,000 60,000 20,000 5,000 40,000 TOTAL: $300,000 Motion unanimously passed with a roll call vote. ORDINANCES/RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: None. UNFINISHED BUSINESS: None. -6- MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 7, 1988 Demolition of 311 N. Second Avenue. Staff reports had already been submitted. On 9/15/88 this building was declared to be dangerous and substandard of the city. The owner was sent an Order to Repair or Demolish and did not respond, nor make repairs/demolish the building. The demolition was then let out for bid and on 11/2/88 the City received bids, the low bidder being Rex C. Moore Excavating for $2,856.70. Motion by Mr. Snider, seconded by Mr. Morgan. MOTION: I move to award a contract for the demolition of 311 N. Second Avenue to the low bidder, Rex C. Moore Excavating, in the amount of $2,856.70. Motion passed unanimously. MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL: Mr. Kraft said that in view of the fact that the Transit Authority is constructing a new Pasco Transit Center to be located on 22nd Avenue he wanted like to make the following motion, which was seconded by Mr. Garrison: MOTION: I move to request the Benton-Franklin PTBA Board to name the new Pasco Transit Center on 22nd Avenue in honor of Sterl K. Adams, former Pasco Councilman and ardent transit supporter. Motion passed unanimously. Mr. Crutchfield mentioned the Japan American Day. He suggested that Councilmembers contact him or Pat to make arrangements. Mayor Hendler said that he would attend the luncheon. Mr. Crutchfield also reported that the budget would be ready for review and wanted the 16th to be set aside for the annual budget workshop, hopefully for a 2-hour meeting. REPORTS FROM COMMITTEES AND/OR OFFICERS: (postponed from earlier in the meeting) a) 1. Tr-MATS Policy Advisory Committee Meeting, October 19, 1988. Councilmember Beverly Green reported she forgot what she was going to report. 2. Good Roads Association Meeting, October 19, 1988. Councilmember Duke Snider reported the Governmental Conference gave them a very interesting report on state and county transportation. 3. Benton-Franklin Governmental Conference, October 21, 1988. Councilmember Lee Kraft reported the PIC Board has asked the Conference to become the administrative entity to run PIC and to submit a proposal. The Governmental Conference is a contract entity, they handle money, but it is not an administrative entity so that is not possible at this time. They II NEW BUSINESS: -7- ATTEST: MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 7, 1988 may make that change in the future, however. 4. Benton-Franklin Transit Board Special Meeting, October 26, 1988. Mayor Ed Hendler reported there was a budget meeting scheduled for the 10th. The Transit was going to cut route 39e. It would be the first modification since the transit started. 5. Benton-Franklin District Health Board Meeting, October 27, 1988. Councilmember Mike Garrison reported he was unable to attend the meeting. He said he was very interested in one of the items on the agenda. Our Lady of Lourdes/Kadlec Hospitals might be taking over care at the health district. There would be representatives discussing this privitization at the next meeting. b) Business License Activity Report, October, 1988. The City Clerk's report showed 1244 licenses issued through October, up from 1124 issued through October of the previous year. c) Weekly Golf Report, ending October 30, 1988. Finance Report showed the green fees being 108.5% of the 1988 budget; Attendance Report showed 49,315 rounds played, up from 47,733 for the same period in 1987. FURTHER MISCELLANEOUS: Mr. Kraft said that on the night of the 17th the Legislative Transportation Committee and the Road Jurisdiction Committee is having a public hearing on the final report of the state roadways for all state, county and city agencies. The Good Roads Assn agreed to be a co-sponsor and it is being held at the Hanford House or the Red Lion at 7:30 p.m. It is the first time that any state in the union has done a thorough analysis of their roadways. The state has approximately 69,000 miles of roadway. Bev Green, as Chairman for Benton and Franklin Counties Centennial Committee, wanted to make it clear that they were disassociated with the group that wanted to have a celebration on the green bridge. Mr. Crutchfield said there would be a meeting on the 15th with the Hispanic community and he would advertise it as a public meeting. Mr. Jackson encouraged everyone to vote. ADJOURNMENT: fNo further business, the meeting 3 u ned at 10:05 p.m. Marinne Ralls, Deputy City Clerk PASSED and APPROVED this/day ofLTIvc-GeY , 1988. Ed endler, Mayor -8-